In Re Thomas D. Carter, Debtors. Securities and Exchange Commission, Intervenor-Appellant v. Curtis B. Danning and James J. Joseph, Co-Trustees

The Securities and Exchange Commission appeals an order of the Bankruptcy Court for the Central District of California that raises an interesting question. We conclude, however, that this court is without jurisdiction to hear the appeal. We transfer the appeal to the United States District Court for the Central District of California.

I.

FACTS

On December 8, 1983, Thomas D. Carter, the Carter Company, and others filed voluntary petitions for reorganization under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Central District of California. On April 4, 1984, the Securities and Exchange Commission (SEC) moved to intervene in the bankruptcy proceeding as a party in interest under Bankruptcy Code section 1109(b), 11 U.S.C. § 1109 (b) (1982). The bankruptcy court, in an order entered June 14, 1984, denied the motion.

On June 22, 1984, the SEC filed a notice of appeal of the bankruptcy court’s order to the United States District Court for the Central District of California. On July 20, 1984, the SEC filed a notice of a direct appeal from the bankruptcy court to this court. As required by Bankruptcy Rule 8001(d)(1), the bankruptcy court then, on…